The history of Columbia county, Wisconsin, containing an account of its settlement, Part 67

Author: Butterfield, Consul Willshire, 1824-1899, [from old catalog] ed; Western historical company, chicago, pub. [from old catalog]
Publication date: 1880
Publisher: Chicago, Western historical company
Number of Pages: 1104


USA > Wisconsin > Columbia County > The history of Columbia county, Wisconsin, containing an account of its settlement > Part 67


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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The sand-hill we first reached was about sixty feet high, and was formed of sandstone in places, rather incoherent, with the strata horizontal, and pleasingly colored with streaks of red oxide of iron. The inspection of this outlier at once explained a great deal of what I had been observing for some days, but which I could not understand for want of the key. It was evident that an immense area of country had been, in ancient times, covered with a stratified arenaceous deposit, slightly coherent, and that this had been broken up and carried for the greater part away, when the waters had retreated in a violent and tumultuous manner. I found afterward, that, although the Wisconsin empties itself into the Mississippi, passing the fort at a distance short of two miles, yet, that the elevation of the ground betwixt the Wisconsin and Fox was so slight, that once in six or seven years, when the flood of the Wisconsin is high, its waters over- come the difference of level, and flow back into Fox River, so that a barge can at such times pass from one stream into another. I do not therefore hesitate to believe that all the country, including the great lakes and the Mississippi, have, at a remote period, formed one great area of fresh water. One of the consequences of the removal of the ancient strata is the present depres- sion of the surface of the country, the prevalence of wild rice marshes, and the deposition of sand over a great portion of the general surface. This loose sandstone reminded me so much of that which exists in the lead region of the State of Missouri, which I visited in 1834, that it


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HISTORY OF COLUMBIA COUNTY.


struck me for the first time that the same formation might extend to the lead region of the Wis- consin Territory, a fact that I should soon have the best opportunity of examining into.


Fort Winnebago, which, like all the American frontier posts, is an exceedingly neat place. is built upon an elevated piece of land, with Fox River and the rice marshes connected with it in front. To the southwest there is a range of hills, called Bonibou [Baraboo], which form an agreeable object. The fort is inclosed with a square picket, and contains two block-houses. At the period when this part of the Indian country was first occupied by American troops, the post was no doubt no more than adequate for defense against the Indians ; but, now that they are reduced to a state of insignificance, it would seem unnecessary to maintain a garrison there much longer. There is a military road not yet completed, which passes near to the post, leading from Green Bay to Prairie du Chien ; it is a wide path, cut out of the forest, with the stumps of the trees razed close to the ground, and the streams arc traversed by good bridges, this branch of the military service of the United States being always well performed.


Having got a comfortable night's rest in the fort, I rose at 5 A. M., and, taking my towels, etc., went down to the river to wash myself, and see what my men were doing. They were all comfortably under the canoe, except one man, who slept in the tent to take care of the butin. At 7, I was called to breakfast with Maj. Clarke, and afterward went to Dr. Foote's quarters, who presented me with a very large conch-shell (cassis c.), taken by him from a very ancient and lofty mound, resembling those at St. Louis and on the Muskingum. The last appear to be the oldest monuments of this kind in the country, and have been attributed by some persons to a race of Indians that preceded the present red men ; this shell, therefore, which I believe is not found at any point nearer than the Mexican side of the gulf, would seem to indicate the coun- try whence the race came that constructed the mound.


At 8. A. M., I bade adieu to the officers of the garrison, and turning my back upon the waters that flow into the Atlantic, I crossed the portage, and advanced to those that empty themselves into the Gulf of Mexico. The portage was a dead flat of black mud and sand, meas- uring exactly 2,650 paces; it took me exactly twenty-eight minutes to walk across it. The canoe and luggage were conveyed to the shore of the Wisconsin in an ox-cart, and launched upon the river as soon as we reached it. It was a powerful, black-looking stream, resembling the the Arkansas, with broad sand-beaches, the whole breadth not appearing at the point where we struck it, on account of some islands which masked it; but it soon exhibited a breadth of 250 yards. After struggling so many days as we had against the current of Fox River, an exertion requiring so much care and labor as to keep down a great deal of enjoyment, it was exceedingly gratifying to find ourselves, on one of the most lovely mornings imaginable, carried down stream by a strong current of about three miles an hour, independent of our paddles ; and all very much exhilarated, we went joyously and noisily down the waters that are tributary to the Mis- sissippi, roaring out our chansons as we shot rapidly past picturesque islands and graceful banks of a noble river I had never been upon before-a feeling of peculiar enjoyment to me.


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HISTORY OF COLUMBIA COUNTY.


CHAPTER VI.


POLITICAL DIVISIONS-COUNTY OFFICERS FROM 1846 TO 1880-FOX AND WISCONSIN RIVERS IM- PROVEMENT-PROBATE AND COUNTY COURT-COUNTY BUILDINGS-AGRICULTURE-AGRICULT- URAL SOCIETIES-POTTER'S JOINT STOCK EMIGRATION SOCIETY.


POLITICAL DIVISIONS.


The political divisions of the county are the town*, city and village.


The town government is intrusted to a Town Board of Supervisors, consisting of three members, elected annually at a town meeting. The other town officers are Town Clerk, Town Treasurer, one or more Assessors, four Justices of the Peace, Overseers of Highways, and Con- stables, not more than three. The Justices of the Peace hold office for two years, two being elected at each annual town meeting. The other officers are elected annually at the town meeting.


The form of city government depends upon the charter granted by the State Legislature. There are generally a Mayor, the chief executive officer ; a Common Council, consisting of one or more representatives from each ward in the city, and the city officers-a City Clerk, City Treasurer, City Attorney, Chief of Police, Fire Marshal and City Surveyor.


A village is governed by a Village Board, consisting of a President and six Trustees, elected at the annual charter election. At such election, there are also chosen a Village Clerk, Treasurer, Supervisor (to represent the village in the county government), Marshal and Consta- ble, and, when necessary, a Justice of the Peace and Police Justice, each of whom holds office for two years.


The county government is in charge of a County Board of Supervisors, consisting of the Chairman of each Town Board, a Supervisor from each incorporated village, and one from each ward of every city in the county. The county officers are Clerk, Treasurer, Sheriff, Coroner, Clerk of Circuit Court, District Attorney, Register of Deeds, Surveyor and Superintendent of Schools, all elected biennially.


Where a county has more than 15,000 inhabitants, the County Board of Supervisors may, if they choose, divide the county into two superintendent districts, for school purposes.


COUNTY OFFICERS FROM 1846 to 1880.


County Judges-1847-48, Silas Walswortht; 1849, Moses R. Cobbt; 1849-56, Joshua J. Guppey ; 1857-60, Guy C. Prentiss ; 1861-64, John T. Clark ; 1866-80, Joshua J. Guppey. Sheriffs-1847-48, T. Clark Smith ; 1849-50, Jacob Low ; 1851-52, Alexander McDon- ald; 1853-54, Perry Lee ; 1855-56, S. C. Higbie§ ; 1857-58, Edward F. Lewis ; 1859-60, Benjamin Williams; 1861-62, William W. Drake; 1863-64, Nathan Hazen ; 1865-66, P. Pool ; 1867-68, S. K. Vaughan ; 1869-70, O. H. Sorrenson, 1871-72, P. Pool ; 1873-74, William W. Drake; 1875-76, J. O. Prescott ; 1877-78, A. H. Russell ; 1879-80, Jonas Conk- lin


District Attorneys-1847-48, James T. Lewis ; 1849-50, Diego John Miller Loop; 1851-52, Amasa G. Cook ; 1853-56, Luther S. Dixon ; 1857-60, Levi W. Barden ; 1861-64, Israel Holmes ; 1865-66, Gerry W. Hazleton ; 1867-68, John T. Clark; 1869-74, Emmons Taylor||; 1875-80, J. H. Rogers.


There is no such thing in Wisconsin as a township government.


+ Elected in September, 1846, and failed to qualify, and James T. Lewis appointed.


Resigned and Joshua J. Guppey appointed September 29, 1849, to fill vacancy.


Election contested and office awarded to George Bobinson.


Died April 13, and Amaso G. Cook appointed May 4, 1874, to fill vacancy.


448


HISTORY OF COLUMBIA COUNTY.


Clerks of Circuit Court-1847-48, Henry Merrell (Clerk of District Court); 1848-50, Josiah Arnold ; 1851-53, J. Delaney, Jr.1; 1854, A. W. Delaney ; 1855-56, S. K. Vaughan2; 1857-58, S. K. Vaughan ; 1859-60, A. Morehouse ; 1861-62, A. J. Turner ; 1863-65, H. M. Haskell3; 1866, James Chancellor (fill vacancy); 1867-71, C. A. Dibble4; 1872-78, S. M. Smith ; 1879-80, S. S. Lockhart.


County Clerks-1846, James C. Carr* ; 1847, W. B. Dyer* (appointed in place of Nelson Swarthout); 1848, James C. Carr *; 1849, James B. Eaton *; 1850-54, Alvin B. Aldent ; 1855-58, Thomas B. Haslamt; 1859-62, Julius Austint; 1863-68, Harvey H. Rustt ; 1869-70, Ogden A. Southmaydt; 1871-74, Ogden A. Southmayd ; 1875-80, L. S. Rolleston.


Treasurers-1847, James C. Carr ; 1848-49, William J. Ensign5; 1850-51, Stephen Brayton ; 1852, Jerome B. Fargo ; 1853-54, Harrison S. Haskell ; 1855-56, Horace Rust6; 1857-60, George Ege; 1861-66, Ll. Breese; 1867-68, Lewis Low ; 1869-72, Miles T. Alver- son ; 1873-76, Oliver H. Sorrenson ; 1877-80, Henry Neef.


Registers of Deeds-1847. Elbert Dickason ; 1848, A. A. Brayton ; 1849-50, F. F. Farn- ham ; 1851-52, Josiah Arnold; 1853-56, William Owen; 1857-58, Daniel F. Newcomb; 1859-62, James Chancellor7 ; 1863-66, Abner H. Smead; 1867-74, Thomas Yule; 1875-76, Joseph Schæffer ; 1877-80, George Yule.


Surveyors-1847-48, A. Topliff; 1849, N. P. Foster; 1851-52, A. Topliff; 1853-54, Jobn Thomas; 1855-56, G. M. Bartholomew ; 1857-60, A. Topliff; 1861-62, R. Cronks; 1863-66, A. Topliff; 1867-68, J. Whitney ; 1869, E. Corning; 1870, H. Meriton (vacancy) ; 1871-72, F. A. Brown; 1873-74, G. M. Bartholomew ; 1875-76, Henry Meriton ; 1877-78, G. M. Bartholomew ; 1879-80, Henry Meriton.


Coroners-1847-50, Daniel E. Bassett ; 1851-54, Isaac Smith ; 1855-56, Erastus Cook ; 1857-58, H. S. Haskell; 1859-62, G. W. Marsh; 1863-64, M. Barden ; 1865-66, C. Schnei- der ; 1867-68, O. H. Sorrenson ; 1869-70, Charles Early ; 1871-76, Z. J. D. Swift ; 1877-78, William Snoad ; 1879-80, Z. J. D. Swift.


County Superintendents of Schools-1862-67, David W. Rosenkrans; 1868-69, Levi Bath ; 1870-71, John J. Loyd ; 1872-74, LeRoy J. Burlingame9; 1874-79, Kennedy Scott ; 1880-81, Henry Neill.


FOX AND WISCONSIN RIVERS IMPROVEMENT.


The Fox and Wisconsin Rivers have been an important highway for nearly two hundred years. They were the route by which, in 1673, Louis Joliet and his companion, Father James Marquette discovered the Upper Mississippi.


It was the wish of the founders of the republic to preserve this great natural water route unobstructed, and to make it a permanent means of communication between the lakes and the Mississippi. In the ordinance for the government of the territory of the United States north- west of the river Ohio, adopted July 14, 1787, it is provided that the navigable waters leading into the Mississippi and the St. Lawrence, and the carrying places between the same, shall be common highways, and forever free.


The same provision, in substance, is embodied in an act of Congress relating to said terri- tory, passed August 7, 1789, after the adoption of the Constitution of the United States ; in an act of Congress establishing the Territorial Government of Wisconsin, approved April 20,


1. Drowned May 31, 1853, and A. W. Delaney appointed to fill the vacancy.


2. Certificate given to A. W. Delaney, but the office was given to S. K. Vaughan, on a contest.


3. Resigned and James Chancellor appointed to fill vacancy.


4. Resigned and S. M. Smith appointed December 6, 1871, to fill vacancy.


5. Mr. Brayton was elected in 1849, but Mr. Ensign claimed to bold over. Ile filed his resignation January 8, 1850, and the Board of Supervisors appointed Isaiah Robinson to fill the vacancy. He assumed to act but a few weeks, when Mr. Brayton was adjudged to be entitled to the office, and took possession.


6. Election coutested and office awarded to Michael M. Ege.


7. In November, 1862, Abner A. Smeed appointed to fill vacancy supposed to exist.


8. Alfred Topliff appointed in November, 1862, to fill vacancy occasioned by death of Mr. Cronk.


9. Kennedy Scott appointed August 22, 1874, in place of Mr. Burlingame.


* Called " Clerk of the Board of County Commissioners."


+ Called " Clerk of the Board of Supervisors."


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HISTORY OF COLUMBIA COUNTY.


1836 ; in an act of Congress relating to the admission of Wisconsin as a State into the Union, approved August 6, 1846, and in the Constitution of the State of Wisconsin.


In 1839, under the direction of the War Department of the Government, a preliminary survey of the rivers and the estimate of the cost of their improvement were made by Capt. Cram, of the United States Topographical Engineers.


In 1846, by an act of Congress approved August 8, a grant of lands was made to the State of Wisconsin, on the admission of such State into the Union, for the purpose of improving the navigation of the Fox and Wisconsin Rivers, in the Territory of Wisconsin, and of con- structing a canal to unite these rivers at or near the portage.


In 1854 and 1855, acts of Congress were passed by which the grant of lands to Wisconsin was defined and enlarged.


After the admission of Wisconsin into the Union, by an act of its Legislature, approved August 8, 1848, a Board of Public Works was created, through which the work of improving the said rivers, by the application thereto of the proceeds of the sale of the lands granted by Congress, was undertaken by the State.


It soon became apparent that the moneys realized from the sale of lands were insufficient to meet the obligations of the State, issued by its Board of Public Works, as they became due ; and, in 1853, the work was turned over to the Fox and Wisconsin Improvement Company, a corporation created under an act of the Legislature of Wisconsin, approved July 6, 1853. In 1856, by an act of the Legislature of Wisconsin, approved October 3, 1856, the lands granted by Congress then unsold were granted by the State, through the said company, to trustees, with power to sell, and the proceeds to hold in trust, for the payment of State indebtedness, the com- pletion of the work, thereafter for the payment of bonds issued by said company, and the balance, if any, for the company itself.


In February, 1866, the trustees, in execution of the powers contained in the deed of trust made to them, and pursuant to a judgment of the Circuit Court of Fond du Lac County, sold at public sale at Appleton, Wis., the works of improvement and the balance of lands granted by Congress then unsold, and applied the proceeds to the purposes expressed in the deed of trust. The proceeds were sufficient to pay in full the expenses of the trust, the then outstand- ing State indebtedness, and to provide a fund sufficient to complete the work according to the plan specified in the act approved October 3, 1856.


Under an act of the Legislature of Wisconsin, approved April 13, 1861, and the acts amendatory thereof, the purchasers at the sale, on the 15th day of August, 1866, filed their certificate in the office of the Secretary of State, and thereby became incorporated as the Green Bay and Mississippi Canal Company, holding, as such company, the works of improvement before mentioned.


Under instructions from the Engineer Department of the United States, issued in July, 1866, Maj. Gen. G. K. Warren took charge of the surveys of the Fox and Wisconsin Rivers. These were continued by the United States under the supervision of Gen. Warren and his suc- cessor, Col. D. C. Houston, until completed and perfected.


By an act of Congress, approved July 7, 1870, the Secretary of War was directed to adopt such a plan for the improvement of the Wisconsin River as should be approved by the Chief of Engineers, and also was authorized to appoint a Board of Arbitrators to ascertain how much, in justice, ought to be paid to the Green Bay and Mississippi Canal Company for the transfer of its property and rights, including locks, dams, canals, and other property, in and to the line of water communication between Portage City and Green Bay-the arbitrators, in making their award, being required to take into consideration the amount of money realized from the sale of lands theretofore granted by Congress to the State of Wisconsin to aid in the construction of the water communication, and to deduct the amount thereof from the actual value of the works of improvement as found by the arbitrators.


The act also provided that all tolls to be received by the Government from the work should be deposited in the Treasury until the Government should be reimbursed all moneys it should expend on the work.


450


HISTORY OF COLUMBIA COUNTY.


The arbitration took place in 1871. It appeared that the moneys expended by the Green Bay and Mississippi Canal Company and its predecessors in interests considerably exceeded the sum of two million dollars, exclusive of interest. The arbitrators fixed the present value at $1,048,070, from which was deducted the full amount of money realized from the sale of lands granted by Congress, $723,070, leaving a balance of $325,000, all of which was to be paid to the company in case the Secretary of War should elect to take with the improvements the water- powers and the personal property ; and in case he should elect not to take the latter or either, the value of the water-powers was fixed at $140,000, and of the personal property, $40,000, leaving as applicable to the improvement the balance of $145,000.


The Secretary of War elected to take the improvement only, and by act of Congress, approved June 10, 1872, an appropriation was made therefor. In October, 1872, the company delivered its deed of conveyance to the United States covering the works of improvement, etc., and received the sum of $145,000.


The moneys for which the Government received credit on the purchase from the company . as the amount realized on the sale of the lands granted by Congress, with the expenses of sale, were about equal to $1.25 for every acre of land granted.


The award was not satisfactory to the Green Bay and Mississippi Canal Company, especially as many of the corporators were heavy losers in both that and the preceding company.


Subsequent appropriations for this work have been made by Congress.


The Wisconsin River, having its rise in the northern part of the State of Wisconsin, runs southerly until it approaches the Fox River, turns abruptly southwesterly, and, running in that course 118 miles, empties into the Mississippi at Prairie du Chien. The Fox River, having its rise in the southern part of Wisconsin, runs northwesterly until it approaches the Wisconsin River, turns abruptly northeasterly, and, running in that course 160 miles, empties into Lake Michigan at Green Bay.


The course of the two rivers below the portage, the point of nearest approach, is surpris- ingly straight, and nearly upon a due line passing through Prairie du Chien and the straits of Mackinaw. The divide, or portage, separating the Wisconsin River waters, putting into the Gulf of Mexico, from the Fox River waters, putting into the St. Lawrence, is a level sand prairie, without rock, and in width one and one-half miles. The Wisconsin at the portage is at the summit-level. It is about eight feet higher than the Fox at the portage, and about 200 feet higher than Lake Michigan at the mouth of the Fox, and 169 feet higher than the Missis- sippi at the mouth of the Wisconsin.


A canal at the portage connects the Wisconsin and the Fox, and a slack-water communica- tion, extending from the portage to Green Bay, a distance of 160 miles, overcomes by locks, and dams the fall of 200 feet, and connects the Wisconsin River with Lake Michigan. The Fox River, from its mouth to Oshkosh, on Lake Winnebago, has a low-water channel of about four feet, and from Lake Winnebago to the portage of about three feet. At stages of high water, boats of three, four and even five feet draught have passed from Lake Michigan up the Fox River, and down the Wisconsin into the Mississippi River. As late in the season as June, boats of 300 tons burden have made the passage. In stages of low water, the Wisconsin cannot be navigated, on account of the shifting sand.


The slack-water improvement now in operation chiefly extends from the portage to the mouth of the Fox, and consists of levels formed by dams, extending across the river, around one end of each of which there are short canals, and in the canals, locks. In all there are twenty-two locks; more locks than levels. The height overcome exceeds 200 feet, while the lockage does not exceed 195 feet. The intention is, by the locks, canals and dams, and by dredging, to make a permanent channel of five feet in depth, which will connect the waters of the Wisconsin with those of Lake Michigan. The canal at the portage is over two miles in length, while the canals at the dams are only long enough to furnish approaches to the locks.


PORTAGE, CITY.


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HISTORY OF COLUMBIA COUNTY.


Taking all together, there are about six miles of canal. That at the portage is seventy feet wide, while the approaches to the locks are in many cases wider than seventy feet, and in all cases of sufficient width for the locks. The locks are 160 feet long; by 35 feet wide.


The system of improvement on the Wisconsin is being carried forward upon the plan of wing and closing dams, which will narrow up the river to such a width that the current will scour out its own channel and maintain it. The work has not been carried on as fast on the Wisconsin as on the Fox River, as it required time to perfect the system so as to adjust it to what is believed will result in the effectual improvement of the stream. When this work is completed, there will be, it is confidently expected, a permanent channel of five feet in depth from the Mississippi to Green Bay.


PROBATE AND COUNTY COURTS.


Until January 1, 1850, the court having jurisdiction over the settlement of estates of deceased persons, and of the appointment of guardians to minors, spendthrifts, idiots and insane persons, was called Probate Court, and the title of the Judge thereof was Judge of Probate. After that date, the name of that court was County Court, and the designation of its Judge was County Judge.


From January 1, 1850, to 1854, and from 1858 to 1860, the County Court of this county had civil jurisdiction ; but, with these exceptions, it has been and is now merely a court of probate, with certain additional authority in various county matters, conferred by the general laws of the State on county courts.


A list of the Judges of the Probate and County Courts has already been given.


James T. Lewis was the first Judge of Probate, and Joshua S. Guppy was the first County Judge.


The first three wills admitted to probate in the county were the following :


November 10, 1847-Will of Elias Lyons, of Columbus ; Lucy Lyons, Executrix.


November 11, 1847-Will of Hiram L. Allen, of Columbus; Margaret Allen, Ex- ecutrix.


November 28, 1848-Will of Joseph Mathews (residing in what is now Fountain Prairie) ; Mary Mathews, Executrix.


The first three cases of administration were :


December 3, 1847-Estate of John Manden (drowned in the Wisconsin River); Henry Merrell, Administrator.


October 3, 1848-Estate of Samuel W. St. John, of Columbus; Harriet St. John, Administratrix.


November 10, 1848-Estate of Elbert Dickason, of Wyocena; Obedience Dickason, Administratrix, and James D. Shuchly, Administrator.


The following were the first three cases of guardianship :


December 25, 1846-Julius Higby appointed guardian of Orin H. Page; both parties living in what is now Fountain Prairie.


November 5, 1849-Joseph Farrington appointed guardian of the minor heirs of Elbert Dickason (deceased), viz., Andrew J., Ruth J., Francis M., Oliver H., John W. and Lucinda Dickason, all of Wyocena.


April 1, 1850-Minor heirs of Samuel W. St. John (deceased). Levi St. John appointed guardian of Seth B. St. John, and Harriet St. John appointed guardian of Harriet M. St. John.


The first three adoptions were :


November 11, 1859-James A. Stebbins and Mary A. Stebbins, his wife, of Scott, adopted Sarah McCutchin, child of John and Julia A. McCutchin.


July 2, 1860-Sylvanus Race and Sarah Race, his wife, of Portage, adopted Harriet S. Green, a child of Silas M. and Mary J. Green.


I


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HISTORY OF COLUMBIA COUNTY.


July 20, 1860-Frank Dickerman and Laura, his wife, of Fort Winnebago, adopted Will- fam Armer, a child of Lydia O. Purvis.




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